$135M Navistar MaxxForce lawsuit settlement gets federal court approval

February 2020

Tyson Fisher

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Truckers involved in a 5-year-old lawsuit against Navistar and its defective MaxxForce engines are closer to compensation after a federal judge gave final approval of a proposed settlement.

On Jan. 3, a federal judge in Illinois granted final approval of the proposed $135 million class action lawsuit settlement against Navistar. Carriers and truckers who owned a 2011-14 Navistar with a defective MaxxForce engine may be eligible for compensation.

Per the agreement, class members have three options to recover losses:

  • Cash option: A lump sum payment of up to $2,500.
  • Rebate option: A rebate of up to $10,000 toward the purchase of a new Navistar truck. The settlement limits this option to no more than 10 trucks per class member. The 10-truck cap was intended to prevent the claims of class members with large fleets from depleting the funds for the other options.
  • “Prove up” option: The class member submits documentary evidence of damages for “covered expenses” totaling no more than $15,000.

Approval comes approximately three months after four large fleets objected to the proposed MaxxForce settlement.

In October, Ferguson Enterprises, Southern California Edison Co.,The Walt Disney Co., and US Foods objected to the proposed settlement. The four companies consider the agreement “inadequate and unfair.”

However, the judge overruled those objections. Explaining the decision, the court wrote:

“The proposal does not so much represent a compromise between the positions of Navistar and the class as it does a victory for the class. Objectors have not explained why such a victory would be fair or how the court could rewrite the settlement as they propose.

It cannot. Courts do not have the authority to rewrite a settlement during the final approval process.”

According to a news release from Lieff Cabraser Heimann & Bernstein, the law firm representing the plaintiffs, all owners and lessees of affected vehicles must file their claims by May 11.

Information on the claims can be found at MaxxForce11and13.com. LL

Tyson Fisher

Tyson Fisher joined Land Line Magazine in March 2014. An award-winning journalist and tireless researcher, his news reports, features and blogs bring depth to our editorial content, backed with solid detail. Tyson is a lifelong Kansas Citian.